No, not at all, that is idiotic. Maybe you are forgetting something, the word unconstitutional is synonymous with illegal, it is just a special kind of illegal that refers to the very foundation of your governmental system. If this election is deemed unconstitutional that means this election is deemed illegal. You cannot have people serving in office that were elected illegally. The fix for this is simple, you have a new election. Nullifying an election does not mean you suddenly disenfranchise everyone, no it means you have another damn election held through legal means. There is no other legal option if the election is ruled unconstitutional, end of story this is not up for debate. Allowing any other option is how you get dictators, not how you avoid them.Hanarchy Montanarchy wrote: ↑Sat Nov 28, 2020 1:58 pmNullifying elections based on bureaucratic and legal confusion sets a pretty bad precedent, equally ripe for abuse.TheOneX wrote: ↑Sat Nov 28, 2020 1:52 pmIf it was deemed to be held through unconstitutional means your only option is to nullify the election. To do otherwise sets a scary precedent ripe for abuse.Hanarchy Montanarchy wrote: ↑Sat Nov 28, 2020 1:45 pmMy guess is throwing out the PA results is still pretty unlikely.
As I understand the PA lawsuit, the claim is that in the rush to change some election procedures the proper legislative channels were ignored. There is a strong case for this.
The second part of any lawsuit, though, is what remedy should be applied. Nullification isn't the only option. In fact, it is a pretty unlikely remedy. Asking the legislature to fix up the new laws through proper channels before the next election is a more reasonable expectation.
The only office where holding a new election is not viable is for President of the United States of America because that election is held to a higher law than Pennsylvania's Constitution. For this election, the authority to choose the electors has always been in the hands of the state legislature. They have in the past delegated that selection away, but always have the right to override that delegation. So yeah, maybe not ideal, but at least you keep your constitutional integrity intact. The other option is to say the Constitution does not matter, only the whims of those in power matter. That is not acceptable.